Disclaimer

Website Terms for www.powerpublications.com.au

General
This Website is owned and operated by the University of Sydney (ABN 15 211 513 464) (we, us or our) through its Power Institute, (funded by the Power Institute Foundation). Power Publications, an imprint of the Power Institute at the University of Sydney, publishes titles on contemporary art and theory, cultural studies, media studies, and film and animation. This Website

provides information about its publications

promotes forthcoming events supported by the Power Institute and Power Publications,

allows you to view or listen to talks by leading academics and practitioners

allows you to read or download sample chapters of titles published by Power Publications; and

your purchase of Products or Services from Power Publications either through the use of this Website or any Third Party Website or by telephone, fax, email or in person.

Your use of this Website (whether by browsing, downloading sample chapters, video or audio files or the purchase of Products or Services (whether through the Website, any Third Party Website or by telephone, email, fax or in person) is your binding acceptance of these Terms. We may amend these Terms from time to time and you will be deemed to have accepted any amendments once those amendments have been published on this Website.

Disclaimer
No warranty
We do not warrant that the Material contained in this Website is accurate, current or complete. To the maximum extent permitted by law, we provide the material on the Website and the products and service on an as is basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Where any legislation implies any term, representation or warranty and that legislation prohibits exclusion of that term, then that term is included in these terms but to the extent permitted by that legislation, our liability for any breach of that term is limited to supplying the products or services again. The Material made available through this Website is for general information purposes only and is not intended as a substitute for professional advice.

Opinions not those of the University
The Material on this Website may include opinions, reviews or recommendations of third parties which are personal to the individuals providing such opinions, reviews or recommendations and do not necessarily reflect our views.

No warranty re downloads and links
Links and frames connecting the Website with other websites are for convenience only and do not necessarily mean that we are associated with, endorse, recommend or approve those other websites, their content, their operators or any associated organisation, product or service. We do not warrant the accuracy of any hypertext links provided on the Website, nor the suitability or accuracy of any content accessible via those links. Use or reliance on the content of those websites is at your own risk.

We do not represent or warrant that any files displayed or available for downloading through the Website, or any Third Party Website, are free from viruses or other defects. You assume all responsibility for any loss or damage resulting directly or indirectly from access to or use of those files. Neither we nor our content providers shall be liable for any direct, indirect, or consequential losses arising from the use of the Website or an inability to use the Website.

Downtime
While we will endeavour to provide reasonable notice of any scheduled downtime for the purposes of maintenance, you acknowledge that we may immediately suspend or restrict your access to the Website and any services if urgent maintenance to the Website is required or other urgent issues arise.

Copyright and Trade Marks
Copyright of the University of Sydney
You acknowledge that the Website contains text, images, audio and video, information, graphics, software, links to other websites and other material (Material) that are our intellectual property or the intellectual property of third parties and are protected by proprietary rights, including but not limited to copyright and trademark law. You agree to comply with any additional copyright notices or conditions contained in any Material available on or accessed through the Website.

Permitted use
You agree to use the Material only for your own personal, non-commercial use. Unless otherwise stated, we hereby grant you a non-exclusive license to make one copy of the covers of any titles advertised on the Website for yourself or on behalf of another person, providing that you include in a prominent position the words ‘reproduced with permission of the University of Sydney”. Otherwise, you are not permitted to make a copy of any of the images on the Website.

Potential infringement
If you believe that copyright material is available on the Website so as to potentially constitute a copyright infringement or a breach of a contract or licence, please notify our Designated Representative using the Copyright Takedown Notice.

Use of Trade Marks
To the extent that the Website includes registered trade marks, trade marks protected by law or trade marks the subject of an application, you may not use such trade marks except as otherwise expressly authorised in writing by the owner of such trade marks.

Ordering from us and payment

Customer Information and/or Registration
You agree to provide complete and your personal details as requested by us from time to time, including an address for delivery of products. You may also register an account with us for the purposes of obtaining our products and/or services or register an email with us to receive news about forthcoming titles and events via email. If the Website requires you to use a username and password to access certain features or purchase products and/or services, you undertake to keep such user name and password confidential.
If you register an account with us, you may not have more than one active account, and your account is not transferable to any other party. You must keep your account details up to date through the Website. If you nominate a workplace email address for your account or use workplace facilities to access the Website, then you are solely responsible for ensuring that you comply with the policies and protocols that apply to the use of your email address and your workplace facilities.

Placing an order through the Website for Products or Services
These Terms apply to each order that we accept from you for the supply of products and/or services. For the purposes of these Terms, ‘products’ are print publications and ‘services’ refer to publications or services delivered in any medium other than print, including those services to which any additional terms in any attached conditions apply, including any additional terms published on any Third Party Website.

These Terms do not apply if you are a reseller or you purchase products and services governed by separate and specific terms and conditions.

All prices are in Australian Dollars and inclusive of GST, unless otherwise indicated.

Description of products, services and prices may be subject to change or correction at any time without notice. Although every effort is made to ensure information included on the Website is correct, we do not warrant or represent that the information contained in the Website is accurate, current or complete. If an error relating to products, services or prices is discovered, we will attempt to notify you as soon as possible after discovery and allow you to cancel your order and obtain a refund.

We may accept or reject an order for products or services at any time before we give you notice of acceptance or rejection, and in our absolute discretion.

If we accept your order, we will send you an email confirmation of that acceptance (which may be conditional) and a binding agreement between you and us shall come into existence when we provide such confirmation. For each order we accept, we agree to supply the relevant product or service to you, in accordance with the Terms.

We reserve the right to reject your order for any reason, including if a product or service is not currently available. If we reject an order, we will notify you of that rejection within a reasonable time after you submit your order. If we have already received your payment, we will return, or refund in full, your payment promptly after we notify you of the rejection of your order.

We reserve the right to cancel a product or service order for any reason and at any time after our acceptance. We will notify you of the cancellation as soon as practicable. If we have already received your payment, we shall provide you with a refund.

We reserve the right to withdraw a product or service at any time and for any reason. If the withdrawal occurs after we have received your order, but before our acceptance or rejection, we will notify you of the withdrawal as soon as practicable. If we have already received your payment, we will either offer you a credit note, or, at your request, return, or refund in full, your payment, promptly after our withdrawal notification.

Your acceptance of products and services from us means that you accept these Terms. No variation by you of these Terms will be binding on us unless agreed by us in writing and signed by you and our authorised representative.

We may ask you to provide additional information to enable us to process your order. You agree to provide us with current, complete and accurate details throughout the order process.

Prices, Charges and Payment
You agree to pay in full the amount specified on any invoice for products and services supplied to you within 30 days of the date of the invoice (unless we agree otherwise in writing). We accept payment by Visa and Mastercard credit cards only and by PayPal. We do not accept payment by American Express.

Where an order consists of a number of products and services, we reserve the right to make individual deliveries of products or deliveries in instalments. In that case, you may be invoiced separately for each delivery and you agree to pay each invoice according to its terms.

We may email documents and information to you, including invoices. You acknowledge that we are not liable for:

any delay or non delivery of a document

any error, omission or loss of confidentiality; or

any unauthorised copying or recording of document;

arising from transmission of documents or information by email.

Delivery by Us

You acknowledge that dates advertised or provided to you for delivery of our products are our best estimate only and may be subject to change without notice. We will deliver products you order to the address you supply to us and you agree that delivery is complete when the products are dispatched to the address you have provided to us. Delivery by us to a carrier is deemed to be delivery to you.

Packages sent within Australia take 3-5 business days to arrive. All international post is sent air mail and normally takes 7-10 business days (please allow extra time during holiday periods). International orders are not registered so please inform us when placing your order for product that you require your package to be tracked and you are willing to pay the cost of tracking and it will be added to your invoice. Postage charges are based on the destination and estimated weight of your order, plus a handling fee.

Delivery, risk and title

Risk and Title

Risk in products ordered from us passes to you on delivery regardless of when payment is completed. You agree that all Products remain our property until payment has been completed. Until then, you acknowledge that we remain the equitable and legal owner and that you possess those products only as our bailee until payment is completed.

You are liable to pay in full the price of any products delivered to you as shown on the invoice. If you fail to pay for products by the due date for payment, we will be entitled, upon reasonable notice, to retake possession of the products, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you to us.

No Transfer of Intellectual Property Rights in PDF or other digital formats

The purchase by you of a publication in PDF or any digital form is not an assignment from us to you of any intellectual property rights in that publication. We hereby grant you a perpetual, non-transferable, non-exclusive licence to download and access the publication in the available format for private and personal use only. You must obtain a written licence from us if you wish to redistribute the file, including redistribution within your workplace or organisation.

Compliance with Third Party Website Terms

If you download products made available for purchase through third party websites or place an order through a third party website, including but not limited to Amazon, Kindle, Google Play or iTunes you agree to comply with the terms and conditions published on those Third Party Websites and hereby indemnify us in respect of all losses, costs and damages we may suffer arising from or in connection with any non-compliance by you.

Prohibited Actions

In using the Website, you agree not to:

use the Site other than in accordance with these Terms;

hinder the operation of the Website;

decipher, decompile, disassemble, or reverse engineer any of the software on the Website;

use any robot, spider, or similar mechanism to retrieve or index any portion of the Website;

modify, adapt or translate any portion of the Website

knowingly transmit any viruses, worms, defects, trojan horses or similar malicious code to the Website;

use the Website in the course of engaging in illegal conduct or violate the security of any computer or other network;

use another person’s details without their permission or impersonate another person when using the Website;

share your password;

create accounts by automated means or under false pretences or to make fraudulent purchases through the Website;

use any of the software on the Website, or downloaded from the Website, to create a competing product;

remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;

use the Website for any activities that breach any laws or infringe a third party’s rights including, but not limited to breaches of the Copyright Act 1968;

post to or transmit to the Website obscene, indecent or pornographic material or material which defames, harasses, threatens or menaces any person or which deters any other person from using the Website;

post or transmit to the Website any or any other material that may give rise to civil or criminal proceedings;

attempt any of the above acts or engage another person to do any of the above acts.

Privacy

Collection of personal and other information
We may collect personal information and other data about you from your computer as you browse or otherwise interact with the Website. The various mechanisms used include server logs, proxy logs, and cookies. A cookie is a package of data which a website requests be stored temporarily on your computer (or in memory) to identify you as a visitor to the Website. You can choose to disallow cookies by changing settings on your web browser. However, if you reject all cookies you may not be able to use some of the features on the Website, including placing orders for products.

The information collected by these various mechanisms includes:

the IP (Internet Protocol) address of the machine which has accessed the website;

the dates and times of each interaction on the website;

the pages accessed and documents downloaded;

sometimes, the previous site visited and the type of browser used.

Cookies may also store the following information: session (numbered key) and duration. A numbered key is a unique server-generated number used to identify the current session. The session key can be linked back to your unique identifier.

If you use your username and password or email to access certain features on the Website, your unique identifier may be collected to verify your identity. Unique identifiers are also used to store information about your preferences, to enable the dynamic display of the Website according to your preferences when you return.

We use the data collected for statistical and business purposes such as diagnosing a fault and improving our services. Information which is automatically collected may be published as aggregated (de-identified) information to assist with improving the services offered by us through the Website.

We may use and disclose your Personal Information as follows:

Provide customer support and to support and improve the products and services we offer.

To communicate with you about your account with us for informational purposes.

To send you content promoting our products and services. You may unsubscribe by following the unsubscribe instructions included in every email.

Invoice you and collect money owed to us. This includes sending you emails, invoices, receipts, notices of arrears, and alerting you if we need a different credit card number. If we use third parties for secure credit card transaction processing, we will send billing information to those third parties to process your orders and credit card payments.

Enforce compliance with the Terms and applicable law.

Protect our rights as well as those of our customers and third parties.

Meet legal requirements such as complying with a court order and to prosecute and defend a court, arbitration, or similar proceeding.

Storage and security of information

Information automatically collected by us through the Website is held primarily by us but we also use third party service providers to store information in their systems. We have in place security measures based on a risk assessment process to protect against the loss, misuse, and alteration of the information. We also some information and transactions.

Where you can access a University website only by using the secure login issued to you the information about you which is held, or you add or amend, on that website, is protected by restricting access through that login. You must ensure that your password is not disclosed or made available to others.

Our technical staff are able to access the logs created by servers for the purposes of collecting statistics, dealing with faults and improving the services offered by the Website.

Use and disclosure

Information collected by us through automated mechanisms will only be used for the purpose for which it was collected in accord with these Terms. We may provide your personal information to businesses both in Australia and overseas that assist us to manage the Website and your use of the Website and to provide you with our products and services via the Website (Service Providers). Use by the Service Providers of your personal information is limited to purposes which enable your use of the Website and the supply to you of our products and services. Your personal information may be used by those Service Providers in Australia and overseas to enable or improve the provision of services to us. Our Service Providers may disclose your personal information to their own service providers for the purpose of providing products and services to you. You hereby consent to such use of your personal information.

We will not disclose information concerning you other than to our Service Providers, except with your consent, or where required or authorised by law. Details regarding how and when we disclose personal information can be found in our Privacy Management Plan.

Personal information collected through the Website and which is no longer required by us, nor required by law to be retained, will be destroyed in accordance with applicable laws.

Access to and correction of personal information

You have a right to request access to, and correction of, your personal information held by the University. Full details are set out in the University’s Privacy Management Plan. The University’s privacy website includes forms to seek access and correct personal information. If you require more information about privacy in the University, please contact the University’s Privacy Officer. If you wish to make a complaint about the way the University has handled your personal information, please contact the University’s Privacy Officer. You are able to make a formal complaint under the Privacy Legislation.

Limitation of liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We are not liable for any direct, indirect, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, liability, losses, costs and expenses (including solicitor’s fees on a solicitor own client basis) incurred by us in connection with any use or alleged use of the Website by you or through the use of your password by any person, whether or not you authorised the use by that person.

Entire Agreement

These Terms form the entire agreement between you and us in relation to the use of the Website and your orders for products and/or services unless we both agree to vary such terms in writing.

Termination

We may immediately suspend, terminate or restrict your access to and use of the Website and any services if you breach these Terms and the breach cannot be remedied or you fail to remedy the breach within 10 working days’ notice to you of that breach.